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Frequently Asked Questions

Medical Care

  1. I just got hurt at work and my employer told me that I have to go to their doctor. Can’t I choose my own doctor?
  2. Can I switch doctors?
  3. What can I do if the insurance company doesn’t authorize medical treatment that my doctor prescribed?
  4. Am I required to have surgery if it’s recommended by my doctor?
  5. I’m having a hard time dealing with my injury and being out of work. Am I allowed to go to a mental health therapist?

1. I just got hurt at work and my employer told me that I have to go to their doctor. Can’t I choose my own doctor?

Yes. Regardless of what you may be told by your employer about company policy or by the insurance company, you have the right to choose what emergency room you want to go to and also to make the initial choice of whom you want as your doctor (emergency room visits don’t count as a first choice).

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2. Can I switch doctors?

After making your initial choice of a doctor, you also have the right to be referred to a doctor of your choice who is a specialist for your type of injury. If you later want to switch to a new doctor, you have to either select a doctor on a list provided by the insurance company (called a Preferred Provider Network) or get permission from the insurance company to see a doctor that is not on the list.

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3. What can I do if the insurance company doesn’t authorize medical treatment that my doctor prescribed?

If the insurance company fails to authorize treatment that is recommended by your doctor (such as physical therapy, testing, surgery, etc), you have the right to petition the Workers’ Compensation Court for approval of treatment.

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4. Am I required to have surgery if it’s recommended by my doctor?

No. You have the right to refuse any invasive medical treatment (treatment that breaks the skin). Your benefits cannot be stopped for refusing this type of treatment. However, you may be found to be at maximum medical improvement if you choose not to have surgery and there is no other treatment that will improve your condition.

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5. I’m having a hard time dealing with my injury and being out of work. Am I allowed to go to a mental health therapist?

Yes. Injured workers frequently suffer from more than the physical aspects of an injury. It is not uncommon to suffer mental distress when struggling to adjust to disability and loss of income. Workers’ compensation covers the cost of mental health care for emotional problems that develop as a result of being injured and out of work.

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Copyright © 2005 Gary J. Levine. All rights reserved. No portion of this website may be reproduced without the express written permission of the copyright holder.  All information on this website is provided for general information only and does not constitute legal advice. A lawyer should be contacted for information about a specific issue or how the information provided on this website applies to a specific case.